Yep, that's basically it in NC. If you own one side, you can't keep people off. If you own both sides, you can lock it down, and I understand that it includes floating too, unless it's a "navigable stream."
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Stream wading legalities in GA / common practice
- Thread starter Dr. Strangelove
- Start date
Taxman
Senior Member
Few if any landowners in the state of Georgia or any other state has full authority and control over the property. Most places won't allow you to build anything you'd like without an approval process and an inspection process. You can't dig a well or build a septic system without the approval of the state and it would be hard to convince the majority of voters in the state that this ain't a good idea. If a river is deep enough to float a boat it ought to be legal to do so without permission from anyone other than the creator and I would bet were most voters allowed to voice their opinion on this it would be far more popular than not. It is against the law already to do anything which could damage or otherwise hurt another persons property along said river....if you litter its illegal, if you burn their dirt its illegal, if you are running around naked and creating a disturbance its illegal....roads are universally popular in the state and they were built by condemning or otherwise stripping property owners of some of their right to use for the common good.....the vast majority of voters in the state would vote to do the same to most rivers and creeks in the state if allowed to do so. The state and local governments already control almost anything that a person can dream of doing with their property and it is pretty widely held opinion that this is just....as would condemning and seizing the stream bed of just about every river and stream in the state for the use of everyone in the state. If I toss a bag of trash on the side of the road and it lands on the easement or in someone's yard I broke the law...enforce that and do away with private ownership of water and stream beds....the vast majority of voters would vote for it in a minute.
longrangedog
Senior Member
What if a majority of residents in your county voted to seize your private property, sell it, and divide the proceeds amongst themselves. Would you be OK with that?
Big7
The Oracle
Not the same thing at all as wading or navigating a boat and never making landfall except public access points or where you have permission to put in and out.
I'll take my chances and given the opportunity, I'd traverse rivers and streams by boat or kayak and stay off privately owned dirt.
Been doing it for close to 50 years with no issues.
My 2 cents.
gobbleinwoods
Keeper of the Magic Word
longrangedog
Senior Member
You're wrong on this too. Both are private property issues. You agree with the protection of your private property constitutional rights but disagree with the private property rights of folks whose private property you want to share.
Concrete Pete
Senior Member
Is it mainly shoal bass down there?
Shoal bass and largemouth. Unfortunately, spotted bass are making their way down here.
Concrete Pete
Senior Member
Nice. I need to find a legal way to fish there if that creek has wadeable portions.
Big7
The Oracle
I may be wrong. I have no reason to doubt you.
The laws have probably changed over the years but it used to be if you had access to a river from a legal put in and stayed in the boat or on foot you were good unless you stepped on someone's bank.
And. It went so far as to allow access to natural lakes provided you put in a river or stream legally to get to them.
Robust Redhorse
Senior Member
Don't do this in Georgia, unless you want to spend the rest of your afternoon with a deputy at the county jail.
Big7
The Oracle
Just spoke to my county Ranger on the phone.
He said no matter where you put in, if you get to a place where a landowner owns both sides- it's illegal. Period.
I asked about penalties. He said first one is a verbal warning. Read into that what you may.
I'm not going to sweat it much. Been doing it decades. Never seen a landowner or Ranger in smaller rivers and Oconee, Ocmulgee, Altamaha, etc.. are good to go.
He said no matter where you put in, if you get to a place where a landowner owns both sides- it's illegal. Period.
I asked about penalties. He said first one is a verbal warning. Read into that what you may.
I'm not going to sweat it much. Been doing it decades. Never seen a landowner or Ranger in smaller rivers and Oconee, Ocmulgee, Altamaha, etc.. are good to go.
This has never been the law in Georgia.
I am not real sure what you are meaning to say here but I bought some acres and think that I own exactly what I bought which includes stretches on both sides of two creeks.
Robust Redhorse
Senior Member
If the landowner has an affidavit filed with the probate court in the county saying they won't intervene if a game warden arrests someone trespassing without WRITTEN permission to hunt or fish, then there is no written warning.
If the trespasser has broken a law other than simply being on the property without written permission (killing an animal, keeping a fish, littering, damaging property, etc.) then it's Criminal Trespassing, which gets a whole lot worse.
https://www.womenslaw.org/laws/ga/s...on commits the,person without consent of that
If the trespasser has broken a law other than simply being on the property without written permission (killing an animal, keeping a fish, littering, damaging property, etc.) then it's Criminal Trespassing, which gets a whole lot worse.
https://www.womenslaw.org/laws/ga/s...on commits the,person without consent of that
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